How to Challenge the Accuracy of a Breath or Blood Test
Facing charges related to a breath or blood test can be stressful and intimidating. If you’re dealing with a DUI or related offense, the stakes are often high, and the results of these tests can heavily impact your case.
The consequences of an inaccurate breath or blood test can be significant, including fines, license suspension, or even jail time. Mistakes in testing procedures, equipment calibration, or sample handling can lead to unreliable results. By working with a criminal law attorney, you can challenge the accuracy of these tests and protect your legal rights.
At Anderson Graham, LLC, located in Denver, Colorado, we understand how overwhelming this situation can feel, and we want you to know that support is available. Our criminal law attorneys can help you examine the evidence, advocate for your rights, and employ strategies and considerations to question the validity of breath and blood test results.
Common Reasons Breath Tests May Be Inaccurate
Several factors can affect the accuracy of breath and blood tests. Identifying these issues is often a key part of building a defense. Some common reasons include:
Improper equipment calibration: Breathalyzers require regular calibration; failure to do so can result in inaccurate readings.
Operator error: Mistakes in administering the test, such as incorrect timing or improper device use, can skew the results.
Medical conditions: Certain health conditions, such as diabetes or acid reflux, may impact blood alcohol readings.
Environmental factors: Residual alcohol from mouthwash, breath sprays, or recent alcohol consumption can influence breath test results.
Sample contamination: Mishandling or improper storage of blood samples can compromise the integrity of these tests.
Identifying these potential issues is an essential step in assessing the reliability of test results. A criminal law attorney can review the testing process in your case and help determine if any errors affected the outcome. This review often serves as the basis for challenging a test in court.
Common Reasons Blood Tests May Be Inaccurate
Blood tests are considered to be highly accurate. However, errors can still occur. Some common reasons blood tests may be inaccurate include the following:
Collection technique: Improper blood drawing can lead to contamination or hemolysis, which can affect the results.
Storage and transport: Blood samples must be stored at the correct temperature and handled carefully to avoid degradation.
Lab procedures: Mistakes in labeling, testing, or reporting can introduce inaccuracies.
Medical factors: Individual metabolic differences, medications, or illnesses can influence BAC readings.
A criminal law attorney can examine your lab reports, collection procedures, and medical records to identify issues that may undermine the validity of the blood test results. This scrutiny can be a critical part of challenging evidence in DUI cases.
Common Defenses to Challenge Tests
If you are planning to challenge the results of a breath or blood test, there are several defense strategies you might be able to use, including:
Questioning equipment calibration and maintenance: Highlighting gaps or errors in calibration records.
Operator error claims: Demonstrating mistakes during the administration of the test.
Medical or physiological factors: Showing that medical conditions or outlying circumstances affected the BAC readings.
Chain of custody issues: Identifying mishandling or gaps in sample processing.
Environmental influences: Arguing that external substances or conditions altered the test results.
These defenses are often supported by documentation, expert testimony, or medical records. An experienced criminal law attorney can help you determine which strategies are most appropriate for your case.
Steps to Take to Challenge the Accuracy of a Breath or Blood Test
When preparing to challenge the results of a breath or blood test, it’s important to document every detail and analyze how the test was administered to reinforce your claim. The primary steps you should take to prepare your defense include the following.
1. Review Test Records
Before disputing a breath or blood test, gather and examine all relevant documentation. A criminal law attorney can guide you through this process to uncover potential discrepancies. To obtain and review your BAC test records, take the following steps:
Request the test records: Obtain all paperwork related to your breath or blood test.
Examine the calibration logs: Check that the equipment maintenance and calibration records are complete and up to date.
Review the operator training records: Confirm that the officer or technician was adequately trained to administer the test.
Analyze the chain of custody: Look for gaps in how the sample was handled, stored, or transported.
Check the timing of the test: The interval between driving and testing can affect results, particularly in breath tests.
Carefully reviewing these records can reveal errors or omissions that might weaken the prosecution’s case. A criminal law attorney can analyze the documentation, identify inconsistencies, and develop strategies to challenge the test results in court.
2. Gather Expert Testimony
In some cases, expert testimony can significantly strengthen your challenge to the accuracy of breath or blood tests. Experts may include forensic toxicologists, medical professionals, or lab technicians who can provide insight into the testing process.
They can explain testing procedures and limitations, clarifying how errors might occur during collection, analysis, or reporting. They can also interpret test results and assess sample handling to determine whether storage, transport, and processing followed proper protocols and regulations.
A criminal law attorney can coordinate with these experts to help you build a credible and persuasive argument when challenging the reliability of test results. Expert testimony often carries substantial weight in court and can play a key role in strengthening your defense.
3. Prepare for Court
Preparation is crucial when challenging test accuracy in court. Therefore, it's essential to take specific steps to make sure you are ready to defend yourself. Before going to court, discuss the following with your attorney:
Review all evidence with your attorney: Reviewing the evidence can help you understand the strengths and weaknesses of your case.
Anticipate the prosecution's arguments: Prepare counterpoints for common claims about BAC reliability.
Organize documentation and expert reports: Present all materials and evidence clearly and concisely to the court.
Practice your testimony: If you plan to testify, rehearse your answers and explanations with your attorney.
Being thoroughly prepared allows your attorney to present your defense effectively and respond to questions from the judge or prosecutor with confidence.
The Impact of Timing and Absorption Rates in Blood & Breath Tests
A critical factor in challenging test results is the timing of alcohol absorption. The body doesn’t process alcohol instantly, and BAC levels naturally fluctuate over time. The interval between driving and testing can significantly affect the results of a breath or blood test, as longer delays may lead to changes in your BAC that don’t accurately reflect impairment while driving.
Another consideration is the absorption phase. If testing occurs shortly after drinking, alcohol may still be in the process of entering the bloodstream, which can result in higher readings than the actual impairment at the time of driving. Your individual metabolic rate differences can also play a role, as different people process alcohol at different speeds.
By examining these timing issues, a criminal law attorney can argue that test results may not accurately represent impairment at the moment of driving. Colorado and Washington courts often consider these physiological factors when evaluating the reliability of breath or blood tests.
Speak With an Experienced Criminal Law Attorney Today
Challenging the accuracy of a breath or blood test is a detailed and demanding process, but you don’t have to face it alone. At Anderson Graham, LLC, we are experienced in helping our clients examine blood and breath test records, review the testing procedures, and advocate for adjustments or dismissals when appropriate.
Located in Denver, Colorado, we serve clients throughout Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge, as well as Tacoma and Kent, Washington. Contact us today to schedule a consultation and take the first steps to protecting your rights.